What’s considered a legal separation?

Legal separation refers to the process whereby couples are living physically apart and the courts have the ability to make rulings regarding martial matters prior to divorce. The State of Texas does not allow or recognize legal separations.

Temporary Agreements During a Pending Divorce

Legal separations may not be valid in Texas, but couples can enter a mutual agreement that deals with the important marital issues. In Texas, a couple cannot solidify a temporary court agreement until they have actually filed for divorce. After one party has filed for divorce, the couple can draw up a temporary settlement agreement and then give it to the courts for approval.

A temporary order can detail how the couple will handle the important factors that come with a divorce, including:

Temporary agreements are very instrumental in helping couples deal with significant matters while awaiting their divorce decree. It’s important to be satisfied with the terms of the agreement because once signed by the judge, it is legally binding.

Filing a Partition and Exchange Agreement

If a couple wants to live apart and have separate property, yet don’t actually want to file for divorce, Texas allows for a mechanism referred to as a partition and exchange agreement. This an agreement that outlines how the couples wishes to divide their property, which is then filed with the official real property records.

This agreement serves as one method of keeping each spouse’s finances separate until either they divorce or decide to reconcile and withdraw the partition and exchange agreement.

Determining if Divorce is the Right Option

If you are contemplating filing for divorce, ensure that this is really something you want to do. Have you tried marital counseling? Is reconciliation possible? Have you considered the negative repercussions of a divorce?

If you are certain that your marriage is irretrievably broken, consult a local divorce attorney and begin looking at your options. Some couples are able to handle their divorce relatively quickly and incur fewer fees through an uncontested divorce. Only couples who can agree on all the issues will want to use this option.

When you work with a lawyer, he or she will be able to:

explain the divorce process to you;

take steps to protect your and your children’s best interests;

write up temporary agreements while separated;

file the necessary paperwork with the court;

explain the state’s guidelines on child support;

devise parenting plans; and

offer counsel on dividing martial property.

Refer Texas Divorce Questions to Warren & Migliaccio

For help in any area of family law call Warren & Migliaccio in Dallas:

child support;

settlement agreements;

temporary separation agreements; or

filing for divorce.

When you call, we’ll schedule a free, no-obligation consultation and determine how we may be of service to you. Contact us today at 888-584-9614.

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We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.

I recommend Warren and Migliaccio to anyone who like myself, had no idea of what to do next. They were open and honest to me about my bankruptcy. They took time and explained the whole process to me beforehand. I was treated I'm sure, as their more prominent clients even though I'm a single senior with a limited income. They helped me maintain my dignity and I'm sure my sanity too.

I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!

Everyone in this attorney's office was wonderful! We had one matter that we needed assistance with last year, but they were not able to assist us with it, however Christopher Migliaccio was kind enough to provide us with a list of attorneys who would be able to help. Over the last couple of weeks, we decided to update our wills and powers of attorney and it could not have been any easier to do. They made it so we only had to make one trip to their office to take care of everything. If we need anything else, I would be most happy to do business with them again!